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Data Protection Act

What if a data subject, i.e. living individual, makes a subject access request?

Subject to certain conditions, the individual is entitled to:

  • be informed by the Data Controller if information is being processed by him / her or on behalf of the data controller (and that does not just include "in house" processing)
  • a description of that data
  • a description of that purposes for which the data is being processed
  • be told who is receiving that information
  • have it communicated in an intelligible form
  • be informed of the logic of decision taking if the personal data is processed by automatic means.

So as an example if someone applies for a job with the Council that person can ask:

  • if information is held on that person (and it need not necessarily be just information held by Corporate Services or the recruiting Service)
  • for a description of that information
  • why is it held?
  • who will see it / has seen it?
  • from where did the Council get that information?
  • for that information to be communicated to him / her in an intelligible form.

As another example, if someone makes a complaint to the Council then he / she can ask such questions as:

  • what information is held about him / her in respect of that complaint
  • who has it?
  • for what reason?
  • from where was the information obtained?
  • is that information out of date?